TMI Blog2016 (11) TMI 1518X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that: - appellant’s arguments that the said misdeclaration was not intention, cannot be appreciated inasmuch as the intention, which is only in the mind of a person has to be gathered from the circumstances. The appellant very well knew that the value of the goods was much on the lower side as they themselves imported the same at a higher value vide previous Bill of Entry. As such, it was thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant and Shri K. Poddar, ld. Departmental Representative for Revenue, we find that the dispute in the present appeal relates to the valuation of memory cards of 2 GB and 4 GT. The appellant had declared the total assessable value of the goods, which were around 10,000 in number, as ₹ 57,226/- attracting customs duty of ₹ 5,860/-. 2. However, when the matter was taken up for investiga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intentional inasmuch as the declaration of the value was based upon the invoices raised by the foreign supplier. As such, she submits that it is not a case for imposition of penalty or for confiscation of goods and in the alternative, the penalties and redemption fine imposed may be reduced. 4. Countering the arguments, ld. Departmental Representative submits that the appellant had themselves b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch, it was their legal obligation to declare the correct value in the Bill of Entry. As such, we are of the view that the differential customs duty as also the imposition of penalty of ₹ 95,000/- has to be upheld. 6. As regards, the redemption fine, we note that the adjudicating authority has fixed the quantum of ₹ 1.9 lakh fine without discussing the margin of profit as also witho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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